Air Law Flashcards
What do the terms territory, sovereignty and suzerainty mean?
Territory - all the airspace with no vertical limit above the land within its borders and sea extending out by 12nm
Sovereignty - defines that the state can exercise its right to apply its own laws and customs to those in its territory
Suzerainty - is the authority of a dominant state over a subordinate state
When was the International civil aviation organisation founded and what was the outcome?
1944 Chicago convention and with it a release of 96 articles supported by 19 annexes
What 2 agreements did the convention produce?
- international air transport agreement
- international air services transit agreement
What is one of the main responsibilities of ICAO?
To maintain and develop the 19 annexes which contain the SARPS (standards and recommended practices) which provide the framework for national legislation.
What additional documentation does ICAO produce?
Procedures for air navigation services (PANS) which are not mandatory by law but most states abide/ integrate them
Augmenting the PANS are SUPPS which are supplementary procedures that take into account regional requirements
What does IATA stand for and do?
International air transport association is a private organisation with strong links to ICAO headquartered in Montreal Canada.
IATA is often used as an agent for inter airline cooperation and represents and leads the airline industry
What is the purpose of ECAC (European civil aviation conference)?
Promote the continued development of a safe, efficient and sustainable European air transport system.
What does Eurocontrol do?
Controls upper airspace management and air traffic control for the whole of Europe.
What did the European Aviation safety agency take over from and what are their primary responsibilities?
The joint aviation authority. They had no legal authority and as such for it to be enforceable had to be made into national law. EASA replaced this and has now enshrined aviation legislation into law.
Primary responsibilities are:
- rule making
- inspections, training, and standardisation programmes
- safety and type certifications of aircraft, engines and parts
- authorisation of non-EU operators
Define a certificate and rating?
Certificate - any approval, license or other documents issued as a result of certification
Rating - statement entered in license, setting forth privileges, special conditions or limitations pertaining thereto.
Provide some definitions of that which define a complex motor powered aircraft?
- maximum certificated take off mass greater than 5700kg or
- certificated to be able to carry >19 passengers or
- equipped with turbojet or turboprop engines or
- certificated to carry a minimum of at least 2 pilots
What are the five freedoms? What agreement are the set out in?
IASTA - freedom 1 and 2 - the technical freedoms which allow an aircraft to fly over (1) or into a signatory for technical reasons(2)
IATA - freedoms 3,4 and 5 - the commercial freedoms which allow passengers and freight onboard an aircraft from its registered home state to a signatory state of arrival (3). Allows freight and passengers to be picked up from state of arrival and return to home state (4) and finally allows passengers to be picked up or set down from states other than the home state (5).
What is cabotage?
The act of an aircraft registered in state B serving domestic routes in state A
What is the basic structure of ICAO and the count of member states/ individuals in each rung?
Assembly (meets every 3 years and elects)—->council (36 member states who seek guidance from)—–> commission (19 individuals were previously it was 15)
The standards within the annexes to the Chicago convention are to be considered:
Binding for the member states that have not notified ICAO about a national difference
True or false :
According to article 10, all aircraft entering a contracted state territory (unless crossing without landing and have permission to do so) must land at and depart from a customs airport.
True
True or false
Article 12 states that ICAO rules and procedures do not apply on the high seas
False
Does customs duty apply to aircraft parts, spares and aircraft stores if retained onboard after departure? What article does this apply to and if an aircraft is unserviceable in another contracting state does customs duty apply to the required parts being offloaded for the stricken aircraft?
Customs duty does not apply to aircraft parts, spares, stores, fuel, lubricating oils or regular equipment according to article 24.
The parts required to return the stricken aircraft to service are exempt from duty given that the contracting state regulations are upheld and these goods are logged/bonded in a customs store.
What are the documents every contracting state aircraft must carry that is engaged in international navigation?
According to article 29 the following documentation needs to be carried: Certificate of airworthiness Certificate of registration Crew and passenger manifest containing names, embarkation and departure points Aircraft radio station license Cargo manifest of detailed declarations Appropriate crew licenses Aircraft journey logbook
Which articles state that appropriate aviation infrastructure and assistance in distress situations is required?
Article 28 and 25
When was the Tokyo convention and what did it ratify?
1963 and gave jurisdiction to the state of registration of an aircraft in the event of criminal acts or offences committed onboard that aircraft
Tokyo also ratified the PICs authority and responsibilities in such situations and the procedure during unlawful interference
What did The Hague and Montreal conventions ratify? Where this updated and if so where and when?
The Hague convention was in 1970 and outlined the jurisdiction over offenders of unlawful seizure and interference including extradition
The Montreal convention 1971 outlined unlawful acts other than hijacking and the penalties and jurisdiction for these acts.
The Montreal and Hague conventions where updated in the Beijing convention in 2010 making the use of a civil aircraft as a weapon and targeting an aircraft using dangerous materials unlawful
What did the Rome and Warsaw conventions set out and when?
Warsaw,1929, set out the limit of liability for a carrier in case of serious injury or death of a passenger onboard an aircraft in any operations including embarking and disembarking with a claim period of 2 years
Rome, 1933, 1938 and 1953 was signed to define and provide the limit of liability of a carrier for damages caused to people on the ground.
What is flight time defined as?
The moment an aircraft moves under its own power to the moment it comes to rest at the end of a flight.
What is the definition of night?
The moment at which civil twilight ends is when the Suns disc is 6 degrees below the horizon and begins in the morning when the centre of the Suns disc is 6 degrees below the horizon
What are considered class ratings under EASA part FCL in annex 1?
SEP(land) SEP(sea) MEP(land) MEP(sea) SET(land) SET(sea)
What is the percentage a copilot of an aircraft requiring one can they credit toward a higher grade pilot license?
No more than 50%
In what circumstances can a PIC diverge from the rules of the air?
When it concerns safety of the aircraft, passengers and or cargo and the situation warrants it.
What are the three main rules of the air when over flying congested areas or open air assemblies?
- be able to glide clear or have sufficient height in case of emergency to not do damage or injury to those on the ground
- 1000ft above the highest obstacle and not within 600m of the highest obstacle
- elsewhere 500ft above the highest obstacle
How is a formation flight arranged in controlled and uncontrolled airspace?
Uncontrolled - by all the PICs
Controlled - with authority by the appropriate ATSU
What annex are the rules of the air stated in?
Annex 2
Describe the rights of way of a power driven heavier than air aircraft for: overtaking, converging and head on?
Head on: both aircraft must turn right
Converging: the aircraft with the other on the right must give way
Overtaking: the overtaking aircraft is to do so on the right and the overtaken aircraft always has right of way.
Describe the rules of the air for power driven heavier than air aircraft, gliders, balloons and airships?
Power driven heavier than air aircraft give way to: other power driven heavier than air aircraft towing objects, airships, gliders, and balloons
Airships give way to balloons and gliders
Gliders give way to balloons
What rules and regulations do water operations aircraft apply to?
International rules for preventing collisions at sea (London 1972)
When can simulated instrument flight be carried out?
When:
- dual controls are present
- the PIC has appropriate vision forward and to each side of the aircraft
- a qualified pilot is in the control seat to act as a safety pilot
What lights must be displayed for periods between sunset and rise in flight and on the ground?
In flight it is mandatory that all aircraft have navigation and anti collision lights illuminated
For aircraft on the manoeuvring area, an anti collision light is mandatory
When are flight plans mandatory and optional?
VFR for those crossing FIRs and IFR operating in advisory space.
Non mandatory but highly recommended in flights over remote areas and >10nm from the coast
If there is a delay in Estimated off blocks time (EOBT) what duration of delay is required before an amendment or refile is required in controlled and uncontrolled space?
Controlled - 30mins
Uncontrolled - 60mins
What are the EU differences rules about repetitive flight plans?
Repeat flight plans can be filed for IFR routes on the same routes for more than 10 consecutive days of the route flown or operated regularly on the same days on consecutive weeks.
What is an aero drone control service?
An air traffic control service for aerodrome traffic
What does altitude mean?
The vertical distance of a level, a point or an object considered as a point measured from MSL
What is taxiing?
The movement of an aircraft under its own power in the aerodrome surface, excluding take off and landing?
What is a special VFR flight?
A VFR flight cleared by air traffic control to operate in an aerodrome control zone in meteorological conditions below VMC
What is the total elapsed time for IFR flights ?
Take off arriving overhead a designated point, defined by navigation aids, from which it is intended that an instrument approach will be commenced
What conditions is an VFR flight not allowed to operate?
Taking off or landing in a control zone or entering an ATZ when ceiling is less than 1500ft (450m) or ground visibility less than 5km.
VFR flights are not to operate above FL200 and authorisation to operate above FL290 shall not be cranked were separation minima is 300m (1000ft)
What are the VFR weather minima?
Above 10000ft - 8km visibility, 1500m horizontally and 1000ft vertically clear of cloud
Between 3000 & 10000ft - 5km visibility, 1500m horizontally and 1000ft vertically clear of cloud
Below 3000ft
Classes B-D
5km Visibility, 1500m horizontally and 1000ft vertically clear of cloud
Classes E-G
Visibility 5km, clear of cloud and in sight of surface
During a visual approach in controlled airspace (class c) what separation of traffic will occur?
ATC will keep other traffic away from any aircraft which is approaching to land. As it is now aerodrome traffic it is a controlled flight.
What is the vertical separation minima above FL290?
2000ft
What is the separation minima below FL290?
1000ft
If an ATC clearance is not suitable to the PIC aircraft what should occur?
The PIC may request and if practicable, obtain an amended clearance
The VMC minima for an airspace classified as G above 10000ft MSL is?
1500m horizontally and 1000ft vertically clear of cloud and 8km visibility
Changing from IFR to VFR will take place when?
Under the initiative of the aircraft commander.
It is advised that the aircraft commander may switch if it is foreseen that a reasonable period will be conducted under VFR.
What is the highest appropriate cruise level below FL290 for an aircraft on a true heading of 002 with variation of 5 degrees east, deviation 2 degrees east and drift 4 degrees starboard?
Heading is 002
Variation is 5E therefore 002-5=357 degrees magnetic track
Drift correction for a magnetic heading is 357+4 =001
It is in the odd section of the semi circular rule in which the highest odd FL is FL270
Remember that the rules are based upon magnetic heading
When shall type ratings be established?
For any type of aircraft whenever considered necessary by the authority
What medical assessment shall the applicant of a Commercial license hold?
A current class 1 medical
The holder of a pilot license, when acting as co-pilot performing under the supervision of the PIC the functions and duties of a PIC shall be entitled to be credit with how much flight time toward a higher grade of license?
In full with his flight time towards the total time required for higher grade of pilot license.
The applicant shall have completed in aeroplanes not less than 250 hours, either as PIC, or made up by not less than 100 hours as PIC and the necessary flight time as co pilot performing, under the supervision of a PIC, provided the moth of supervision employed is acceptable to the Licensing authority
According to ICAO Annex1, the holder of a pilot license, when acting as a co pilot of an aircraft required to be operated with a co-pilot, shall be entitled to be credited with not more than how much flight time toward a higher grade if pilot license?
Not more than 50% of the co-pilot flight time towards the total flight time required for a higher grade of pilot license.
In EU-OPS, 100% can be credited
According to EASA PART-FCL, a class rating shall be established for a single pilot aeroplanes not requiring a type rating are?
All self sustaining gliders
Class ratings shall be established for Single pilot aeroplanes not requiring a type rating as follows:
SEP LAND
SEP SEA
ALL TOURING MOTOR GLIDERS
EACH MANUFACTURER OF SINGLE ENGINE TURBO PROP AEROPLANES - LAND
EACH MANUFACTURER OF SINGLE ENGINE TURBO PROP AEROPLANES - SEA
ALL MULTI-ENGINE PISTON AEROPLANES - LAND
ALL MULTI-ENGINE PISTON AEROPLANES - SEA
The planned cruising speed for the crushing portion of the flight must be entered in the speed box of a flight plan form. This speed is what type?
TAS or MACH no
On a flight plan form what does the estimated total time mean for a VFR flight?
It is the estimated time required by the aircraft from take off to arrive overhead he destination airport
When should a controlled flight flight plan be amended or cancelled or refilled ?
30 minutes of the estimated time off blocks
For flights in accordance with IFR within advisory airspace a flight plan should be what?
Mandatorily filed and any changes to the flight plan reported
If no ICAO identifier has been attributed to an alternative airport (box 16) of the flight plan form what should the pilot write?
ZZZZ in box 16 and indicate in box 18 (additional information) ALTN/followed by the name of the airport
If not ALTN then write DEST/ or DEP/
Two aircraft are approaching each other in a controlled airspace class D in VMC at approximately rage same level on converging courses. Aircraft A is flying under IFR and aircraft B under VFR. Who has the right of way?
Aircraft B, providing it has “A” on it left.
N.B- this has nothing to do with priority of aircraft IFR vs. VFR. As the VFR pilot should be looking out, therefore, they should determine whether they are on a converging course and determine whether they have right of way by being on the right.
Which procedure do you follow after having experienced a two way communication failure during a flight in accordance with IFR in VMC?
Continue to fly VMC, land at the nearest suitable aerodrome, report the arrival by the most expeditious means to the appropriate ATC unit.
If comms failure occurs in VMC:
- fly VMC
- land at nearest suitable aerodrome
- report arrival by the most expeditious means to appropriate ATC
Warning of manoeuvring areas in a poor state is indicated in the signal square by?
Red square with one yellow diagonal
A flashing green light to an aircraft in flight means?
Return to this airfield to land